The family of Xue Jinjin has decided to take the Shanghai Pudong World Carnival organizer to court after the 23-year-old's deformed brain blood vessel burst while she was standing in an hour-long queue for a ride under scorching weather.

The move comes after three months of unfruitful negotiation with the Shanghai unit of the carnival organizer, the Hong Kong-based World Carnival Ltd.

"We will definitely sue them though the compensation and other claims are still being worked out," said Shi Tunbing, the family's attorney and the only representative to answer questions about the case.

Xue is now convalescing at home after undergoing two brain surgeries. Though she has regained consciousness, her chances of total recovery are very slim, Shi said.

Xue went to the carnival with her boyfriend at 6 pm on July 5. They had to wait in a 300-meter queue for a game for almost an hour under the sultry sun.

A sudden downpour forced many people to rush out of the line and toward the only exit. During the melee, Xue fainted and fell down.

She was rushed to the adjacent Shanghai East Hospital and underwent brain surgery at night. Doctors took some gore from her brain. Another surgery was conducted three days later to remove some dead brain tissues.

A medical test concluded that Xue suffered from a born deformation of brain blood vessel, and her condition was due to brain hemorrhage after a brain blood vessel tumor burst, said Wang Qingming, Xue's doctor.

"The carnival should take certain liability for Xue. The long queues, over crowdedness and mismanagement during the rain induced Xue's illness," Shi insisted.

Carnival officials while feeling for Xue and her family's suffering, claimed the whole tragedy could not be pinned on the fair.

"As far as I know, she didn't play a single game and just fell down while queuing up," said Hua Jianhong, a carnival official. "Had she fallen off some amusement ride, it would have been our responsibility. But, her situation is totally different. She had a congenital disease and the fair was where the ailment came to the fore and that too by accident."

Hua said the carnival had an emergency aid center, medical staff and guards at the venue grounds. Since Xue's boyfriend didn't bring her for first aid but rushed her to hospital, this may have delayed emergency treatment.

"We have already paid some 50,000 to 60,000 yuan (US$6,000 to US$7,200) in medical expenses for Xue to show our care and humanity," he added. "But, the family shouldn't blame us for no fault of ours."

(eastday.com October 9, 2003)